[Congressional Record Volume 150, Number 18 (Thursday, February 12, 2004)]
[Senate]
[Pages S1289-S1290]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL (for himself and Mr. Kennedy):
  S. 2071. A bill to expand the definition of immediate relative for 
purposes of the Immigration and Nationality Act; to the Committee on 
the Judiciary.
  Mr. KOHL. Mr. President, I rise today with Senator Kennedy to 
introduce the Family Reunification Act, a measure designed to remedy a 
regrettable injustice in our immigration laws. A minor oversight in the 
law has led to an unfortunate, and likely unintended, consequence. 
Parents of U.S. citizens are currently able to enter the country as 
legal permanent residents, but our laws do not permit their minor 
children to join them. Simply put, the Family Reunification Act will 
close this loophole by including the minor siblings of U.S. citizens in 
the definition of ``immediate relative.'' This legislation will ensure 
that our immigration laws can better accomplish one of the most 
important policy goals behind them--the goal of strengthening the 
family unit.
  Congress took an important first step in promoting family 
reunification when it enacted the Immigration and Nationality Act. By 
qualifying as ``immediate relatives,'' this law currently offers 
parents, spouses and children of U.S. citizens the ability to obtain 
immigrant visas to enter this country legally.
  This we can all agree is good immigration policy. Unfortunately, a

[[Page S1290]]

``glitch'' in this law has put numerous families in an uncomfortable 
predicament. One of these unlucky families lives in my home Sate of 
Wisconsin. Effiong and Ekom Okon, both U.S. citizens by birth and 
graduates of the University of Wisconsin-Madison, requested that their 
parents be admitted to the United States from Nigeria as ``immediate 
relatives.'' The law clearly allows for this. Their father, Leo Okon, 
has already joined them in Wisconsin, and their mother, Grace, is 
currently in possession of an immigrant visa. However, Grace is unable 
to join her husband and sons in the United States because her six-year-
old daughter, Daramfon, does not qualify as an ``immediate relative'' 
under current immigration law. Because it would be unthinkable for her 
to abandon her small child, Grace has been forced to stay behind in 
Nigeria, separated from the rest of her family.
  This family is truly an American success story, one of first-
generation citizens graduating from a top University. They want to 
continue to contribute to society and want to bring their family with 
them. Unfortunately, current immigration law only permits some members 
of their immediate family to join them, but not all. This is clearly 
wrong.
  It is difficult to determine the scope of this problem. Because minor 
siblings do not qualify for visas, the Department of Homeland Security 
does not keep track of how many families have been adversely affected. 
However, DHS employees have assured us that the Okons are not unique. 
In fact, this is an all too common occurrence. If only one family 
suffers because of this loophole, changes must be made. The fact that 
there have been numerous cases demands changes now.
  Many parts of our immigration laws are outdated, unfair, and in need 
of repair. The definition of ``immediate relative'' is no different. 
Congress' intent when it grated ``immediate relatives'' the right to 
obtain immigrant visas was to promote family reunification, but the 
unfortunate oversight highlighted has interfered with many families' 
opportunities to do just that. The legislation introduced today would 
expand the definition of ``immediate relatives'' to include the minor 
siblings of U.S. citizens. By doing so, we can truly provide these 
families with the ability to reunite and the chance to take advantage 
of the many great opportunities our country has to offer. This is a 
simple and modest solution to an unthinkable problem that too many 
families have already had to face.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2071

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. IMMEDIATE RELATIVE DEFINITION.

       Section 201(b)(2)(A)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by inserting after 
     ``at least 21 years of age.'' the following: ``In the case of 
     a parent of a citizen of the United States who has a child 
     (as defined in section 101(b)(1)), the child shall be 
     considered, for purposes of this subsection, an immediate 
     relative if accompanying or following to join the parent.''.
                                 ______